Papushka Terms and Conditions

 

  1. Introduction

1.1 The Papushka online store can be accessed at www.papushka.co or related mobile sites. This website allows buyers to shop for clothing garments online and have them delivered within select areas in the Republic of South Africa. All visitors to the site will be able to view the products for sale, but only customers who choose to register for an account will be able to purchase products.

1.2 Legally binding contract

1.2.1 All users and account holders, including those that buy from the site are bound by these terms and conditions. Once registered, you acknowledge that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the responsibility is on you to ask Papushka to please explain the relevant clause to you before you accept the T&Cs by buying from the website.

  1. How a Contract is formed

2.1 When placing an order, you must register for an Account on the website , and follow the instructions on the website as to how to order your product and if any changes to your prospective product be made, the necessary should be done before you submit it.

Irrespective of any price you have seen, once you select a Product that you wish to order and have proceeded to the checkout, the amount to be paid will then be shown together with the charges you must pay including VAT, if applicable. All charges are in the South African currency. This is the total that you will pay for receipt of the ordered product.

2.2 You can pay for the Product by one of the following payment methods:

2.2.1: Payment via credit card: Papushka accepts credit card and chipped debit/cheque card payment via Visa and MasterCard only. We make use of the 3D-Secure authentication system to verify cardholder details with your bank; this links you directly to your bank via a secure link. The transaction then takes place within your bank’s secure environment and we won’t have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. When you return a purchase, the specified amount will be credited back to your bank account after it has been approved . Please see Papushka’s Delivery and Returns Policy for more information.

2.2.2 EFT (electronic funds transfer): This payment method requires you to transfer money directly from your bank account into Papushka’s account, through computer-based systems. If you select EFT, you will be redirected to our secure payment gateway and asked to select your bank. The details for the EFT payment will then be displayed, along with instructions regarding references etc. All bank deposit EFT’s require proof of payment to be sent to www.info@papushka.co before your order will be processed. If payment does not reflect for an EFT transaction we may request proof of payment to be sent before your order is processed.

2.3 When you submit an order to the website, you agree that you do so subject to the latest Terms and Conditions available on the website at the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time you submit an order.

2.4 Your order remains valid as an offer until we issue our confirmation of order.

2.5 We shall not be obliged to supply the product to you unless we have accepted your order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you due to the unavailability of a product.

2.6 Once we accept your order, a contract shall be formed, and we shall be legally bound to supply the product to you. Acceptance shall take place when we expressly accept your order by email in the form of a document called a “Confirmation of Order” stating that we are accepting your order. Until the time that the order is accepted, we reserve the right to refuse to process your order and you reserve the right to cancel your order.

2.7 If you discover that you have made a mistake with your order after you have submitted it to the website, please contact info@papushka.co immediately. However, Papushka cannot guarantee that we will be able to amend your order in accordance with your instructions.

  1. Products and availability

3.1 Please note that the stock of all items on offer is limited. If it happens that Papushka is unable to fulfill any order at the advertised price because stock is sold out, Papushka will inform you via email and you’ll be entitled to a reimbursement for the rand value you have paid for such product. This is described in more detail in Papushka’s Delivery and Returns Policy. Please note, the Papushka Delivery and Returns policy is incorporated by reference and therefore forms part of these T&Cs.

 

 

  1. Cancelling and ending orders

4.1. Papushka reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.

4.2 Papushka will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 7 days of the order being delivered. Please see Papushka’s Delivery and Returns Policy for more information.

  1. Fraud

5.1 In the interest of preventing fraud, Papushka reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.

5.2 Papushka may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a specified time.

5.3 In the event of a fraudulent purchase being placed on Papushka, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Papushka does not process refunds for orders suspected of fraud.

5.4 Papushka does not provide order details relating to orders suspected of fraud.

  1. Product Pricing

6.1 The retail price of each product is given on the selected categories on the “our shop” page on the website.

6.2 Please note that retail price of the product can change over the course of several seasons over which the product may be sold. The retail price applicable at the time the product is introduced may differ from the retail price at the time of your purchase.

  1. Delivery

7.1 We aim to deliver the product to you at the place of delivery requested by you in your order. Orders are only delivered to the physical address stipulated in your account information.

7.2 Unless we inform you otherwise, estimated maximum delivery time for an order in select areas of South Africa is seven (7) working days and out of South Africa is seven (7) to fourteen (14) working days. 

7.3 All deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.

7.4 A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address.

7.5 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

 

7.6 On delivery of the product, you may be required to sign a delivery slip. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered product in case of future discussions with us about it.

7.7 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to Papushka when you place your order and arrange for cancellation of the order or delivery to an alternative delivery address.

 

7.8 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

7.9 You shall ensure that you are ready for safe receipt of the product without undue delay at any time reasonably specified by us.

7.10 If delivery is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery you will be liable to collect the package from the carrier.

 

7.11 It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

 

7.12 Free delivery of the product throughout South Africa. You have the right to return non-defective products purchased within seven (7) days of the order being delivered. Please see Papushka’s Delivery and Returns Policy for more information.

 

7.13 If neither the depot nor the tracking system (under “My Account > Order History”) provides any indication where the parcel is, you need to send an email to info@papushka.co If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause. If the parcel is declared lost, Papushka will notify you and reimburse you for the lost parcel to the amount of the product purchase price.

8.Cancellation by Customer of Non-Faulty Product/s

8.1 You are entitled to cancel any sale concluded on the websiite within seven (7) days of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe. Please read the Refund Policy for further details in this regard.

8.2 No cancellation fees shall apply.

8.3 Delivery fees and cash handling fees, where applicable, are not refundable.

8.4 For more detail relating to returns of non-faulty product/s. Please see Papushka’s Delivery and Returns Policy for more information.

  1. Delivery & Returns policy

9.1 Carrier handling fees for returns of non-faulty product/s will be at the expense of the customer. It is the responsibility of the customer to make the necessary arrangements and pay the necessary charges for the delivery of the product/s back to Papushka via the same carrier that delivers the product/s.

9.2 Papushka will refund the full amount of the product/s purchased on the order placed by the customer given the following reasons for return:

  1. a) The product has not been worn or damaged, or have any defect.
  2. b) The product has the original price tag attached to the product.
  3. c) The product is returned within seven (7) working days from date of delivery.

9.3 A product can be exchanged for a different size of the same product, but not for a different product. If the customer is not satisfied with the product or the product is not available in a different size, the customer will be entitled to a voucher to the rand value to what they paid for the product.

9.4 A voucher must be used to purchase a new product within a one month period from date of issue or else the customer will forfeit their voucher equating the rand value of the product.

 

  1. Security

10.1 Anyone downloading or trying to download malware on this website, or who tries to gain unauthorized access to any page on this site, will be prosecuted.

10.2 Papushka will claim civil damages from such person if Papushka suffers any damage or loss.

10.3 You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.

10.4 You allow Papushka to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.

10.5 All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Papushka has no access to any confidential information regarding your payment method.

10.6 Only Papushka’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.

  1. Indemnity

11.1 Papushka is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the website. Similarly, Papushka is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

11.2 However, neither Papushka nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of or inability to use this website, its services or content.

11.3 Furthermore, Papushka provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any malfunctions or errors to info@papushka.co

11.4 It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this website should not be regarded as professional advice, or as Papushka’s official viewpoint.We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

  1. Amendment to the General Business Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders. Continued use of the site will be deemed to constitute acceptance of the new Terms and Conditions.

  1. Governing Law and Jurisdiction

This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 14 of these Terms and Conditions, you and Papushka submit to the jurisdiction of the South African courts.

  1. Disputes

Disputes between you and Papushka: Except for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Papushka on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Papushka, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from www.arbitration.co.za

  1. Terms and Discontinuation

15.1 These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Papushka from time to time, for as long as the website continues to exist and be operated. Papushka is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

15.2 We have the right to close your account and deny you access to the website.

 

  1. Copyright and other intellectual property

16.1 Any and all copyright relating to the website, is held by Papushka. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use please send an email to info@papushka.co

16.2 All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under license of Papushka. As Such they are protected by local and international legislation and agreements.